Legal & Statutory Responsibilities in Construction

This document provides an overview of the legal and statutory responsibilities in the construction industry. It explains the key legislations and agencies in the planning process and building control process. It also discusses the laws of trespass and nuisance, as well as occupiers' liability and vicarious liability in construction law.

Legal & Statutory
Responsibilities in
Construction

INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
P1 Explain the key legislations and agencies in the planning process........................................3
P2 Explain how planning decisions are made and processes available to appeal and monitor
them. ............................................................................................................................................4
M1 Analyze the role of planning systems and agencies in managing the development of land
and buildings................................................................................................................................5
P3 Explain the key legislations and agencies in the building control process.............................5
P4 Discuss how building decisions are determined and the processes available to appeal and
monitor them................................................................................................................................5
M2 Analyse the application of building regulations in low and medium rise residential land
commercial buildings...................................................................................................................6
D1 Evaluate the impact of planning systems and building regulations agencies in managing
the development of land and buildings. ......................................................................................6
P5 Explain how the law of trespass and nuisance relate to the construction industry. ...............6
P6 Discuss how the laws of occupiers’ liability and vicarious liability apply to construction
law................................................................................................................................................7
M3 Produce a plan for a contractor to manage the legal impacts of a large urban construction
project..........................................................................................................................................8
D2 Present a strategy to address the legal and statutory issues associated with the sale of a
large urban construction site........................................................................................................8
P7 Explain how land law has evolved to shape modern landownership and the role of contract
law in buying and selling property...............................................................................................9
P8,M4 Discuss how landlord and tenant law is used to manage property...................................9
D3 Assess the impact of land law and property law in the development and disposal of a large
urban construction project............................................................................................................9
CONCLUSION..............................................................................................................................10
REFRENCES.................................................................................................................................11

INTRODUCTION
Construction laws are the laws based over all the matters related to construction. In these
laws various other laws covers within it. As per these laws various kinds of elements involved
within construction is involved within them. Such laws deal with both commercial and public
construction. Scope of these laws is wider as they cover land laws also within it and holds
tendency to impact construction work of country. These laws have dynamic nature as it make
sure that all kinds of construction is done in legal manner. This file is based over construction
laws and various policies regarding it. Things to be covered within the file are various agencies
required for building and construction process. Further in the file law of trespass and nuisance is
covered. In the end land and tenant laws is covered.
MAIN BODY
P1 Explain the key legislation and agencies in the planning process.
Construction laws means those laws that has been formed in order to seek over those
matters that is related to constructing and field work related to it. Such laws is been studied with
other laws like contract, commercial, planning, employment and tort laws. Such laws has been
dealing over wide range of issues regarding negligence, contract formation bonding with
guarantees and sureties. Also in it security, interests, trending, construction, claims and various
other problems related to construction is handled. It makes impact over various participants
involved in process of construction, claims and rewards with contract consultancy. Laws affects
different participants related to construction with work involved in it. As per the laws institutions
, surveys is done upon construction industry and includes builders, engineers in it(Heminway,
2016).
Key legislation that is been used for planning process in UK is Planning and Compulsory
Act 2004. This act was formed within the parliament of UK. The act was brought into action by
Office of deputy Prime Minister. This act involves reforms that is related to town planning and
makes compulsory purchase by providing a concrete framework for planning within United
Kingdom. In this significance of various parts of a previously existing act is also covered and
amended that is Town and Country Planning Act 1990. In these different reforms like abolition
of Local Plans and Structural Plans has been done. Instead of these Local development

frameworks has been developed. In the act there are over 18 months for negotiating within the
passage through parliamentary sessions and special requirement through dispensation that is
carried and performed by sessions to another and preventing it form getting lost over an occasion
because of problems hold by wordings of common motions. The bill introduced in front of
House of Commons in the year 2002 in December month. It was resend to Commons Committee
for allowing inclusion through significance over things like removing of Crown Immunity and
Compulsory Purchase and carried over to the current session. Finally the Act received Royal
Assent on 13th May 2004 and was applied in the month of July 2004. Regulations is
implementing parts of the act that reforms development through plans that brought into force
afterwards.
Further the act is been formed by future regulations and makes development orders to be
passed. Also law of property act 1925 is required to make land more alienable at the same time
protection is been done over interest in land. Also other legislation like Land Registration Act
2002 which makes reflection over various kinds of land reforms to be made interest and this act
was reformed form the old act of Land Charges Act 1972.
P2 Explain how planning decisions are made and processes available to appeal and
monitor them.
In this laws requires that all applications is required for making planning permission to be
decided in relation to policies regarding development plan. Material planning is been considered
for indicating otherwise. Decision to be made planning application is policy-led and is not based
on influence of any kind. Although public, residents required to be considered while making a
plan for construction town or city (Katsos and AlKafaji, 2019). The decision should be formed
with popular grounds and all elements should be considered by the authority. Decision is to be
referred for publishing various kinds of planning with policies it can also prevent decision upon
planning application that has been made over grounds through arbitrary, perverse, or subject to
impropriety. As per this one of the most important applicants is used for making planning and
permission is required in order to create satisfaction. That is why most important applicants for
making planning permission satisfying them through relevant local development plan policies
before an application is formed. These polices can be viewed over the portal which explains
about planning. It provides nationwide clearing house to make information. Independent advice
should be taken and fees with costs that involve application for continue construction. During an

construction lot of elements is to be kept in mind and planning is being decided in this delay
abortive cost is going to give rise in refusal in planning permission.
M1 Analyze the role of planning systems and agencies in managing the development of
land and buildings.
Planning control is that kind of process which makes management for making developing
of all kinds of land and building. The main purpose of such process and agency is to make sure
that heritage property and public property is being saved by government. Local planning
authority of UK helps in developing of various things like extension of house, new shopping
center and various kinds of amusement parks. Planning system helps in guiding these activities
in proper and more effective manner.
P3 Explain the key legislations and agencies in the building control process.
Maintaining of planning system legitimacy and efficiency should be there with local
governments and local council. Courts and executive agencies like Environment Agency hold
responsibility to make right interpretation support in relation to parliament law. As the act has
been followed the County Council is responsible for planning about waste management of both
both minerals and waste. This made formation of framework related to it that is Minerals and
Waste Local Development Frameworks. It made development of construction which is to be
done by using resources in appropriate manner possible. It is understood with example and
highways while getting involved and comment over planning matters that is for both local and
regional level (Planning Aid, 2006). All over structure is administrating rules by planning
through First Secretary of state who has power through local planning authorities in this county
councils, district councils, metropolitan authorities and bodies involved with planning
responsibilities. This has developed in making various kinds of construction to take place.
P4 Discuss how building decisions are determined and the processes available to appeal
and monitor them
Economic importance of planning law is that an individual is been demonstrated through
direct and efficient planning consent over land and building. Relevant legislation for planning
system in UK is other relevant legislations to planning system in the UK are: Planning (Listed
Buildings and Conservation Areas) Act 1990, Environment Act 1995 and Highways Act 1980.
For providing legality to all such planning system legitimacy and efficacy to it various kinds of
authority is been given power for such purpose (Lasprogata and Foster, 2016). Court and
executive agencies is responsible for making interpretation through supporting of law.Following

the 2004 Act, the County Councils are responsible for minerals and waste planning (including
Minerals and Waste Local Development Frameworks) and their own development, for example
education and highways, although they can get involved with and comment on planning matters
at both regional and local levels (Planning Aid, 2006). The overall structure for administering the
rules on planning is headed by the First Secretary of State (the Deputy Prime Minister) who has
power over local planning authorities – county councils, district councils, metropolitan
authorities and other bodies vested with planning responsibilities, such as National Park
Authorities.
M2 Analyse the application of building regulations in low and medium rise residential
land commercial buildings.
Application for building regulations in low and medium raised building is dependent over
various laws that have been formed in order to construct or pass plan within an organization.
Both low raised and medium raised buildings is formed by only when planning is passed to be
passed to make it done. In order to form commercial building local authorities is required to take
authority in their hand. As in this purpose authority formed at local level is bound to take
decision upon construction of these buildings.
D1 Evaluate the impact of planning systems and building regulations agencies in
managing the development of land and buildings.
Planning system has brought lot of changes within building regulations that has resulted
in making managing and developing to be done in appropriate manner possible. Also this makes
various kinds of local body to act over forming of all kinds of building. Also various government
authority is been given responsibility for acting upon constructing business. Then management
of land building is done in proper way under the acts and rules prescribed by land laws. This has
made ethical value to increase within the process of forming a society or apartments. Different
authority is there for making different buildings. The formation of a building is dependent upon
various elements presented within society where construction is done.
P5 Explain how the law of trespass and nuisance relate to the construction industry.
Trespass and nuisance is been related over doctrine which protects interests in respective
of exclusive possession and makes enjoyment of land to be done. In earlier time trespass came to
regard primarily that safeguard with physical intrusions over land. Nuisance is the action that is
having long history for affording protection against offensive use of land that belongs to

neighbor. As we shall see, however, in modern times the distinctions between the situations in
which the cases arise begin to blur. As per common law persons having possession upon real
property is entitled for quitting possession to be hold over land. In this visitors and persons
holding interest within land is not included. If any disturbance is been caused by the neighbor
then smell, sound, pollution or any hazardous means is used by extending boundaries of property
and affected party can claim for nuisance as per tort law(Lee, 2017).
Trespass has been constructing different references that has been given upon instruction
of land that is in possession of other person without permission or right. In this trespass is done
by an person over consequences through some action in which defendant has goth right over
nuisance rather then trespass. In this items is included that is related to adjacent property. In this
tort law of trespass action can be taken though damaged is not suffered. Trespass can be
restrained through injunction and making damages recoverable. Construction is often accessing
land of neighbor. This is required to be done with the permission that usually in the form of
temporary license in return of payment made. Even when someone holds lawful possession over
land can still commit trespass which means exceeding rights that is granted. There will only be a
criminal liability if there are aggravating circumstances such as criminal damage.
P6 Discuss how the laws of occupiers’ liability and vicarious liability apply to
construction law
Vicarious liability is covered under law of torts under which one party is held responsible
over act committed by another. These kind of liability arises where employer and employee,
principal agent. Also master and servant relationship is held as per such liability various actions
with omission through employees is held for making duty to be performed in course of
employment. In this liability is not hold by having dependent over employer having done
anything wrong themselves. There are test that is been done for vicarious liability and they are
employer when in control of another party. Act of omission is closely connected with its duties.
No restriction is over vicarious liability for authoring actions with omissions. In vicarious
liability exists with authorized actions that is been carried in carless manner. As per this an point
where action is been carried outside the course of employment and may be considering to acting
independently with personal capacity (Lifshitz and Finkelstein, 2017).

In relation to construction vicarious liability is given rise employees act of contract in a
way that course of performing duties for causing harm to another employee and worker
contractor member of public. This liability may arise in which an superior deemed to control
party even where no employer is there. In these situation it can arise that is as follows:
Employer should be liable over actions with clients or customers if they are within their control.
If subcontractor is been allow by the contractor may retain effective control over it.
Sub contractor is integrated contractor organization to make them behave they are empoloyee.
M3 Produce a plan for a contractor to manage the legal impacts of a large urban
construction project.
D2 Present a strategy to address the legal and statutory issues associated with the sale of a
large urban construction site
First set of national building standards that has been introduced or formed regarding
statutory issues in the year 1965. Building regulation in which things like qualifies of building
work falls within the control over regulations. Type buildings is been exempted and notification
procedure to be followed starting, carrying with completing and building work. In this specific
aspects of building design and construction is been told.
P7 Explain how land law has evolved to shape modern landownership and the role of
contract law in buying and selling property.
Land law is considered with nature over rights that is been involved in the ownership of
land. In this land involves any kind of tenure and minerals weather held apart from surface.

Buildings or part buildings. As this kind of laws is used while making sure that no rules and
regulation describe benefits over, making laws to be formed in relation to construction that is
been done. According to this easement, right, privillage or benefit.
P8,M4 Discuss how landlord and tenant law is used to manage property.
Land lords and tenant is part of common law in which details over rights and various
duties of landlord are being explained. According to both land Lord various elements of both
property and contract law is covered. Landlords and tenant generally recognizes with various
kinds of things like residential and commercial leases is to make assumptions with residential
leases presented much more of risk with bargaining power to get commercial license. Residential
leases is been contracts that is been designed over individual over groups to live. Various kinds
of government entities which is recognized holds authority for passing of plan to build it. Leases
over residential spaces are generally affected with more rights than commercial leases.
Presumption of unequal bargaining power through residential space that is being afforded with
more protection. It also happened due to bargaining power which makes residential sides to be
afforded with more protection. Commercial leases: Leases for space with the purpose of doing
business comes under these kinds of lease. Commercial leases generally is fewer consumer
protection as subject with more negotiation (Orozco, 2016).
D3 Assess the impact of land law and property law in the development and disposal of a
large urban construction project.
England different publishes has made Land Development and disposal plan. These laws
has been providing with legal framework that makes site listing sites for making availability over
selling year. This has been helping in dealing over issues in relation to property and land. As per
these laws construction is also been done and planning is also done in similar manner.
CONCLUSION
This file is based over various kinds of laws that is related to planning and constructing
with element involved in it. Further planning process and decision making explained about the
laws like nuisance and vicarious liability in relation to construction. Also functions of various
kinds of policies is been explained and agencies function is also covered within it. In the end
various things related to urban construction side is build. Then land law and property law
contribution is covered with the area.

REFRENCES
Books and Journals
Allen, C.H. and et. al. 2016. Proceedings of the 2016 Delaware Business Law Forum: A Review
and Debate of the Public Policy Implications of Delaware Law. Bus. Law. 72. p.755.
Allen, S., 2016. Giving voice to emotion: voice analysis technology uncovering mental states is
playing a growing role in medicine, business, and law enforcement. IEEE pulse. 7(3). pp.42-46.
Bird, R. C. and Park, S. K., 2016. The Domains of Corporate Counsel in an Era of Compliance.
Am. Bus. LJ. 53. p.203.
Davitti, D., 2016. Refining the Protect, Respect and Remedy Framework for Business and
Human Rights and its Guiding Principles. Human Rights Law Review. 16(1). pp.55-75.
Desai, D. R. and Kroll, J. A., 2017. Trust but verify: A guide to algorithms and the law. Harv. JL
& Tech.. 31. p.1.
Fenwick, M., 2016. The new corporate criminal law and transnational legal risk. In Flexibility in
Modern Business Law (pp. 149-171). Springer, Tokyo.
Hamad, H., Elbeltagi, I. and El‐Gohary, H., 2018. An empirical investigation of business‐to‐
business e‐commerce adoption and its impact on SMEs competitive advantage: The case of
Egyptian manufacturing SMEs. Strategic Change. 27(3). pp.209-229.
Heminway, J. M., 2016. The Role of Business Counsel as Compliance Gatekeepers: Toward
Understanding and Combatting Reckless Disregard for Legal and Ethical Compliance in
Business Entities. Wayne L. Rev.. 62. p.7.
Katsos, J.E. and AlKafaji, Y., 2019. Business in war zones: how companies promote peace in
Iraq. Journal of Business Ethics. 155(1). pp.41-56.
Lasprogata, G. A. and Foster, T. N., 2016. Fostering Integrative and Interdisciplinary Learning:
A Business Law Exercise in Social Entrepreneurship, Global Health Innovation and Cloud
Technology. Atl. LJ. 18. p.38.
Lee, E., 2017. Financial inclusion: A challenge to the new paradigm of financial technology,
regulatory technology and anti-money laundering law. Journal of business law. (6). pp.473-498.
Lifshitz, S. and Finkelstein, E., 2017. A Hermeneutic Perspective on the Interpretation of
Contracts. American Business Law Journal. 54(3). pp.519-579.

Orozco, D., 2016. The Use of Legal Crowdsourcing (Lawsourcing) to Achieve Legal,
Regulatory, and Policy Objectives. Am. Bus. LJ. 53. p.145.